Resolution 14706CITY OF ALAMEDA RESOLUTION NO. 14706
APPROVING THE ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS,
MAINTENANCE ASSESSMENT DISTRICT 01 -01 (MARINA COVE)
WHEREAS, by its Resolution No. 14182, a resolution directing preparation
of an Annual Report for Maintenance Assessment District 01 -01 (Marina Cove),
this City Council designated the City Engineer as Engineer of Work and directed
said Engineer of Work to make and file a report in writing in accordance with and
pursuant to the Landscape and Lighting Act of 1972; and
WHEREAS, said report was duly made and filed with the City Clerk and
was presented to the City Council for consideration; and
WHEREAS, said Council considered said report and each and every part
hereof and found that it contained all the matters and things called for by the
provisions of said Code and said Resolution No. 14182, including; (1) plans and
specifications of the existing improvements and proposed improvements, (2)
estimate of costs (3) diagram of the district, and (4) an assessment according to
the benefits, all of which was done in the form and manner required by such Code;
and
WHEREAS, it was determined that the report should stand as the
Engineer's Report for all subsequent proceedings under and pursuant to the
aforesaid resolution, and that Tuesday, June 19, 2012, at the hour of 7:00 o'clock
p.m., in the regular meeting place of this City Council, Council Chambers,
Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, was appointed
as the time and place for a hearing of protests in relation to the formation of a
maintenance assessment district pursuant to the City of Alameda's Maintenance
Procedure Code, to said proposed improvements and the levy of the proposed
assessment; and
WHEREAS, it appears that notices of said hearings were duly and regularly
published and mailed in the time, form and manner required by said Code, as
evidence by the affidavits and certificates on file with said City Clerk; and
WHEREAS, at the appointed time and place the hearing was duly and
regularly held, and all persons interested, desiring to be heard, were given an
opportunity to be heard, and all matters and things pertaining to the levy were fully
heard and considered by this Council, and all oral statements and all written
protests or communications were duly heard, considered, and overruled, and this
Council thereby acquired jurisdiction to order the levy, confirm the diagram and
assessment prepared by and made a part of the Engineer's Report and to pay the
costs and expenses thereof.
NOW, THEREFORE, IT IS RESOLVED, that:
1. The property owners owning more than 50% of the area of assessable
lands within the District had not, at the conclusion of the hearing, filed written
protests against the proposed levy, as a whole or as to any part thereof, or against
the District or the extent thereof to be assessed for the costs and expenses of the
levy as a whole, or as to any part thereof, or against the Engineer of Work's
estimate of costs and expenses, in whole or in part, or against the maps and
description, in whole or in part, or against the diagram or the assessment to pay
for the costs and expenses thereof, in whole or in part.
2. The public interest, convenience, and necessity require that the levy be
made.
3. The District benefited by the improvements is to be assessed for said
costs for the construction or installation of the improvements, including the
maintenance or servicing, or both, thereof, are situated in the City of Alameda,
California, the exterior boundaries thereof, are as shown by a map thereof filed in
the office of the City Clerk, which map is made a part hereof by this reference.
4. That said district be, and is hereby designated as "City of Alameda
Maintenance Assessment District 01 -01" by which name it shall hereafter be
referred to in all subsequent proceedings, including proceedings for the levy and
collection of assessments.
5. The Engineer's Report as a whole and each part thereof, is hereby
confirmed to whit:
(a) The Engineer of Work's estimate of the itemized and total costs
and expenses of maintaining the improvements and of the
incidental expenses in connection therewith;
(b) The diagram showing the District, plans, and specifications for the
improvements to be maintained and the boundaries and
dimensions of the respective Tots and parcels of land within the
District; and
(c) The assessment of the total amount of the cost and expenses of
the proposed maintenance of the improvements upon the several
lots or parcels of land in the District in proportion to the estimated
benefits to be received by such lots and parcels, respectively, from
said improvements, including the maintenance or servicing, or
both, thereof, and of the expenses incidental thereto.
6. Based on the oral and documentary evidence, including the Engineer's
Report, offered and received at the June 19, 2012 hearing, this Council expressly
finds and determines (a) that each of the several lots and parcels of land will be
specially benefited by the maintenance of the improvements at least in the
amount, if not more than the amount, of the assessment apportioned against the
Tots and parcels of land, respectively, and (b) that there is substantial evidence to
support, and the weight of the evidence preponderates in favor of the aforesaid
findings and determination as to special benefits.
7. Upon the adoption of this resolution, but in no event later than the third
Monday in August following such adoption, the City Clerk shall file a certified copy
of the diagram and assessment and a certified copy of this resolution, with the
Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter
on the County assessment roll opposite each lot or parcel of land the amount of
assessment. The assessments shall be collected at the same time and in the
same manner as County taxes are collected, and all laws providing for the
collection and enforcement of County taxes shall apply to the collection and
enforcement of the assessments. After collection by the County of Alameda, the
net amount of the assessments, after deduction of any compensation due the
County for collection, shall be paid to the Finance Division of this City.
8. Upon receipt of moneys representing assessments collected by the
County, the Finance Division of this City of Alameda shall deposit said moneys in
the City Treasury to the credit of an improvement fund, which improvement fund
the Finance Division of this City is hereby directed to establish under the
distinctive designation of the District. Moneys in the improvement fund shall be
expended upon the maintenance of the improvements.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 19th day of June, 2012, by the following vote to
wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 20th day of June, 2012.
Lara Weisiger, City Clerk
City of Alameda